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2026 DAILYLAW 4573 (UTT)

SHRESHTHA MOHAN v. STATE OF UTTARAKHAND

WPSS/1013/2026 · 2026-05-05

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:3388 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1013/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Niranjan Bhatt, Advocate for the petitioner. Mr. Ganga Singh Negi, Additional CSC for the State. 2. Petitioner applied for compassionate appointment, as her father who was serving as Teacher, passed away on 21.07.2018. The application submitted by petitioner was returned by Incharge Deputy Education Officer, Beerokhal, Pauri Garhwal vide letter dated 18.07.2025, which is under challenge in this writ petition. 3. It is contended that competent authority to take decision on the application for compassionate appointment is Additional Director/District Education Officer (Elementary), therefore, the Deputy Education Officer, Beerokhal had no authority to either withhold the application or return the application of the petitioner. 4. The Incharge Deputy Education Officer was asked to join the proceedings through V.C. vide order dated 02.05.2026. Pursuant to that order, Ms. Varsha Bhardwaj, Incharge Deputy Education Officer is virtually present. She 2026:UHC:3388 submitted that in the application, there was no reason indicated for delay, therefore the application was returned. 5. This Court finds substance in the submission made on behalf of petitioner that it is not for the Deputy Education Officer to examine whether the application is within time or beyond time, as the competent authority to take decision on application for compassionate appointment is the appointing authority, which is Additional Director/District Education Officer. 6. For the aforesaid reason, the impugned order dated 18.07.2025 is liable to be quashed and is hereby quashed. 7. The matter is remitted back to the Deputy Education Officer, who shall forward the application submitted by petitioner to the competent authority within two weeks from date of receipt of certified copy of this order before her. (Manoj Kumar Tiwari, J.) 05.05.2026 Mahinder/ 2026:UHC:3388